Congress, the Presidency, and the Difficulty of Majority Rule - The Atlantic - 0 views
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any project of reform needs to take something into account: Congress is no bargain either as a representative institution.
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Despite the overall unpopularity of the post-Trump Republican Party, it is favored to retake the House of Representatives in 2022, because elections to the House systematically overrepresent Republican votes.
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Here’s a way to dramatize how extreme the bias is. Compare the House elections of 2010 and 2020. In 2010, the Republicans won 51.7 percent of all votes cast; in 2020, the Democrats won 51.5 percent—almost exactly the same proportion. But in 2010, the Republican 51.7 percent converted into 242 seats, a decisive majority. In 2020, the Democratic 51.5 percent converted into 222 seats, a narrow margin.
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Analysis of district-level voting patterns suggests that Republicans enjoy an inbuilt 2.1 percentage-point advantage in contests for the House majority. Joe Biden won the national vote by 4.6 points in 2020. He won the median House seat, Illinois’s Fourteenth Congressional District, by 2.5 points.
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Not since the mid-1990s have Republican senators represented a majority of American voters. The 50 Democratic senators elected in 2020 represent nearly 42 million more Americans than the 50 Republicans.
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Shifting power from an overmighty presidency to a Congress that overindulges reactionary minorities will do democracy no good. The post-Watergate reformers recognized that logic, and joined their limits on the presidency to an attempted modernization of Congress.
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the reformers of the 1970s understood the architecture of American democracy. Power flowed from Congress to the presidency precisely because the presidency was the most accountable branch of the federal government. If the flow was to be reversed, Congress needed to be democratized. This same problem presents itself with even greater force in the 2020s.
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The 60-vote Senate has become an accepted fact of American politics, along with presidents who lose the popular vote, and state legislatures where 45 percent of the vote is converted into 55 percent of the seats, or more.
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The Senate is defended by a sequence of rationalizations: It’s good that a Wyoming vote counts 68 times more than a California vote. It’s good that garnering 59 out of 100 votes does not suffice to enact laws. It’s good that any one legislator is able to disrupt the proceedings. These rationalizations have proved contagious. If minority rule is good sometimes, why not more of the time?
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As the Senate has deviated further and further from majoritarian norms, the House and the state legislatures have followed. Among the great merits of Jentleson’s Kill Switch is that it reminds us how recent this trend is.
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In the era of the 67-vote filibuster, the tools of minority rule were used to defend racial segregation, a cause that even its supporters did not like to defend openly.
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In an important new book, Kill Switch, Adam Jentleson offers a harrowing portrait of how anti-majoritarian dysfunction has paralyzed the U.S. Senate.
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The Framers’ constitutional design balanced majority rights as they were understood at the time—the rights of a majority of those persons possessed of full citizenship who voted in state and House elections—against a federal Senate to protect the rights of smaller states and a judiciary insulated from passing political passions
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it’s one thing to respect regional and cultural minorities; it’s another to let those minorities impose hostile preferences upon an unwilling majority, year in, year out, with every exit from federal minority rule blocked by even more obdurate systems of minority rule at the state level.
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Jentleson offers a program for reform that begins with the outright elimination of the filibuster. But without constitutional change more radical than anything contemplated today, the Senate will always remain counter-majoritarian—and Senate reform can accordingly take the country only so far toward the reanimation of the majority-rule principle.
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the House, often falsely complimented as the “people’s House,” is the part of the government most in need of democratic change. Change to the House depends on change to the anti-majoritarian state legislatures that redraw congressional districts—and that change depends on renewal of the voting-rights laws the federal courts have so weakened over the past decade and a half.
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In the meantime, the federal and state executive branches are the tools most available to the disempowered majority.
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America got the imperial presidency in the first place in great part because of the defects of Congress. From free trade to civil rights, the post-1945 presidency would act to do things in the broad public interest over the truculent obstruction of Congresses dominated by narrow and backward-looking minority interests.
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But presidents, even the greatest of them, are not magicians. Since 2010, the U.S. political system has been ever more extremely biased toward its narrow and backward-looking ideological minorities. Weaken the executive branches, federal and state, and you privilege those ideological minorities.
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don’t overcorrect, and don’t overdo it. Under present rules and conditions, the executive power, state and federal, is the least antidemocratic power in the American political design.
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The only hope for bringing majority rule to the rest of American politics is voting-rights enforcement by the federal Department of Justice—and maybe some forward-thinking governors—against the probable resistance of the U.S. Senate, the Republican-dominated federal courts, and the minority-rule state legislatures.
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The presidency and the governorships have not always advanced the cause of majority rule in the past. They will not always do so in the future. But at this moment, that’s precisely what they’re poised to do. The enemies of the majority-rule principle understand that fact. The friends of majority rule should absorb it too.